Monday, July 20, 2009

Here's One for the Second Amendment Crowd....

I've made no secret since starting this blog that I depart from Conservative orthodoxy on several issues; one of these is the 2nd Amendment. While it is the law of the land and as such, worthy of respect, I have always considered it a quaint relic of colonial life and due for some much needed "updating". As a good Conservative, I do not wish to see that "updating" occur in the courts or in the legislatures, but in the Constitutionally mandated manner in which that document is caused to be altered.

So here's an interesting case. Apparently Senator John Thune (R-SD) has put forward legislation that will create a national standard (read--superior to any and all state law created) for concealed weapons carrying permits. I do not support this legislation, and I agree with the Washington Post that it should be opposed.

The right to keep and bear arms--like freedom of speech and assembly--is not absolute, and the case law on this is not in dispute. The states may indeed place reasonable restrictions on who can own guns, where they can carry them, and how they must be disposed of--among other things. Creation of a national standard for concealed carry pre-supposes that all states support concealed carry. And they don't. Additionally, the creation of a national standard is a direct assault on another cherished Conservative principle--equally well-enshrined in our Constitution--that of Federalism. The several states are not potted plants; there are facets of legislative inquiry that are solely theirs, and others they share with the national legislature. A national standard removes from the legislative bodies closer to the people the right/duty to regulate what is essentially a public safety issue--not a constitutional rights issue.

This bill is a simply bit of red meat thrown to those who characteristically support untrammeled and unregulated exercise of 2nd Amendment rights...but it makes little sense and ought to be opposed out of hand.


Anonymous said...

..."the right to KEEP and BEAR arms"... I have to dissagree with you one this one. Since the constition applies to all states equally, each amendment should be applied equally in each state. For example, with the first amemndment, you have equal freedom of speech in all states. The ability/right to KEEP (own) and BEAR (carry), should also be equal in all states.

Tom de Plume said...

Which of the other ammendments do you consider to be "quaint relic(s) of colonial life"?

Anonymous said...

Why don't we just 'link' conservative wishes to liberal wishes. If the libs want Utah to recognize gay "marriages" performed in New Jersey, than New Jersey must recognize concealed carry permits issued in Utah.

Anonymous said...

I think your argument is somewhat circular and could be used about any constitutional argument, say, Roe v Wade or even gay marriage. I agree with the premise of the argument, Federalism is a cherished concept, but then, the second amendment is in the bill of rights. R v W was not and nor is marriage.

Also, "quaint relics of colonial life"? What? Like the rest of the bill of rights maybe?

The Conservative Wahoo said...

Anon 1--If I read you right, then it would logically flow that all gun laws should be federal and states should have no ability to regulate gun ownership or where they are carried. Are you advocating that?

Tom--Just this one.

Anon 3--Circular? How? And show me how my logic would apply to gay marriage or Roe V. Wade. Again, I see no other part of the bill of rights as a quaint relic.

Smoothfur said...

Read it and heed it

The otherwise articulate Framers of the Second amendment wrote "THE PEOPLE" when they meant “only those people serving in a sufficiently organized militia."

This removes it from the realm of "quaint colonial"

Mudge said...

I watched CW with a shotgun. He was shaking like a dog passing a peach seed. No wonder he doesn't care for the second amendment.

TDB said...

It (right to carry permit) is like a driver's license - so, it's not a big deal. My driver's license is good in whichever state of the union I choose to drive - the roads and laws for driving are the same everywhere in the US... I have a steering wheel in Oklahoma and in the same car I still have a steering wheel when I cross to Texas.
There are even restrictions on who can obtain the concealed carry licenses, etc. There ought to be similar discretion with those who are granted driver's licenses!
The passage of this right to carry legislation would show a strong force in opposition to the liberal agenda in our nation's capital.
Many of the same people (not pointing at you, CW) who believe the 2nd Ammendment is antiquated are some of the same who believe there are still gunfights at OK Corral, or Injuns attacking stagecoaches west of Fort Worth, TX. Not all gun advocates are Ted Nugents, but the supporters of the 2nd Ammendment do make up the backbone of this nation.

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